Receiving Stolen Property – Elements – California Penal Code 496
Orange County Receiving Stolen Property Lawyer
The following is what the prosecutor will have to prove if you are being charged with Receiving Stolen Property and it is the instructions that the Jury will read in determining the verdict. If you are facing receiving stolen property charges, call the Law Offices of Nam Q. Doan | OC Legal Defense today at (714) 248-DOAN (3626).
Elements
The defendant is charged with receiving stolen property in violation of Penal Code section 496(a).
To prove that the defendant is guilty of this crime, the People must prove that:
- The defendant (bought/received/sold/aided in selling/concealed or withheld from its owner/aided in concealing or withholding from its owner) property that had been (stolen/obtained by extortion); [AND]
- When the defendant (bought/received/sold/aided in selling/concealed or withheld/aided in concealing or withholding) the property, (he/she) knew that the property had been (stolen/obtained by extortion)(;/.) AND
- The defendant actually knew of the presence of the property.]
[Property is stolen if it was obtained by any type of theft, or by burglary or robbery.
[Theft includes obtaining property by larceny, embezzlement, false pretense, or trick.]]
[Property is obtained by extortion if: (1) the property was obtained from another person with that person’s consent, and (2) that person’s consent was obtained through the use of force or fear.]
[To receive property means to take possession and control of it. Mere presence near or access to the property is not enough.] [Two or more people can possess the property at the same time.] [A person does not have to actually hold or touch something to possess it. It is enough if the person has [control over it] [or] [the right to control it], either personally or through another person.]